Akeem Ramoni V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MUDASHIRU NASIRU ONIYANGI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Ogun State, Abeokuta Judicial Division delivered by Hon. justice P.A. Onamade on 23rd January 2013 in Suit No. AB/22C/2008. Convicting the appellant on a two count charge of Conspiracy to murder and Attempted murder and sentencing him to a prison terms of 14 and 21 years with hard labour respectively. Dissatisfied with the judgment hence this appeal.

Succinctly, the fact of the case leading to this appeal is that on the 25th day of July 2004, at about 4 pm the victim Alao Fashola (PW1), a security man at the Quarry site of Obasanjo Holdings Limited at Odeda in Abeokuta, Ogun State while on routine patrol saw the appellant and other 4 now at large with drilling iron called bits belonging to his employer. He accosted them. Two of the culprits sped off while the remaining three, the appellant started begging him. The victim, (PW1) knew the appellant because they leave in the same area Odeda and that the father of the appellant worked together before.

The appellant therefore is well known to him, The victim was about to walk away when suddenly the accused and his cohort descended on him from his back, matchetted his hand and struck him severally with the matchet on the head mouth and body. The victim fell and was left in agony. The assailants left believing the victim has given up the ghost. The colleague of the victim started searching for him when they did not see him returning from the patrol.

They contacted his relations who said they have not seen him. The search for the victim continued till 26th July 2004 when he was found in the bush within the Quarry. At that time he could not talk and there was blood all over his body and in a state of coma. With the help of the police with whom the company had earlier lodged a complaint took the victim (Alao Fashola) to General Hospital. After a period of about six months the victim was able to make statement with the aid of his wife. His statement was recorded and by that he took the police to the residence of the father of the appellant.

The said father who is late at the time of the trial in the court below took the police to where the appellant resides. According to PW3, immediately PW1, the victim sighted the appellant he ran to him and held and identified him as one of his assailants. The appellant was apprehended, detained and charged to court after conducting a search in his residence and his statement was recorded.

The appellant was arraigned on the following two count charge.

They are:-

Count 1.

Conspiracy to murder contrary to Section 324 of the Criminal Code (Cap 29) Vol. 11, Laws of Ogun State of Nigeria.

Count 2

Attempt to murder contrary to Section 320 (1) of the Criminal Code (Cap 29) Vol. 11 Laws of Ogun State of Nigeria 1976.

The trial commenced in 2005 before Hon. justice O.A. Ogundepo. Consequent on the demise of the said judge, the trial commenced de novo before Hon. justice P.A. Onamade who at the end found the appellant guilty, and sentenced him to the said terms of imprisonment. Against the said sentence hence this appeal.

The appellant denied being a member of the gang or participated in the ordeal the victim went through. His defence squarely is that of “Alibi”.